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DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
REPUBLIC OF SOUTH AFRICA
NATIONAL ASSEMBLY
PARLIAMENTARY QUESTION FOR WRITTEN REPLY
QUESTION NO.: 2203
DATE OF PUBLICATION: 13 NOVEMBER 2009
2203. Mr L Ramatlakane (Cope) to ask the Minister of Justice and
Constitutional
Development:
(1) Whether he has reviewed his departmentâs performance with regard
to the Public
Service Commission report on the noncompliance with the Public
Service regulation that compels Senior Management Service (SMS)
to declare all interests yearly; if not, why not; if so, (a) how
many did not declare their interest and (b) what are the (i)
names and (ii) ranks of the noncompliant members of the SMS;
(2) whether senior managers who failed to declare the interests have
been charged with
misconduct; if not, why not; if so, what are the relevant
details;
(3) whether he has found that where senior managers failed to
declare their interests it was as a result of hiding any
business interest with any department; if so, what are the
relevant details;
(4) whether any investigation will be undertaken in order to root
out corruption in her department; if not, why not; if so, what
are the relevant details?
NW2779E
Reply:-
(1) In terms of Chapter 3 of the Public Service Regulations on
financial disclosures of Senior Management Services (SMS)
officials, the Department of Justice and Constitutional
Development has achieved one hundred percent (100%) compliance
in the submission of the financial disclosure forms to the
Public Service Commission for the 2008/2009 financial year.
(2) All SMS officials employed by my Department complied with the
Public Service Regulations on financial disclosures. There was
therefore no need to take disciplinary action against any SMS
official in regard to this matter.
(3) My Department submitted the completed financial disclosure forms
to the Public Service Commission. The Commission will then
independently verify the information on the forms. My
Department has not found any evidence of senior managers who
have not disclosed their business interests. As indicated in my
response in para. 1, all SMS officials in my Department
submitted their financial disclosure forms.
(4) My Department has put in place a Fraud Prevention Plan that
caters for the combating and prevention of corruption. The
Fraud Prevention Plan is supplemented by the Fraud and
Corruption Communication Strategy, Whistle-blowing policy and
the Business Code of Ethics. My Department has also
established:-
a) A Forensic Audit Unit that is responsible for the
investigation of fraud and corruption within the Department,
as well as the investigation of all the referrals from the
National Anti-Corruption Hotline that is hosted by the Public
Service Commission.
b) An Integrity Management Unit that focuses on the prevention
of fraud and corruption. Part of the activities and functions
of this unit includes the implementation of a Fraud and
Corruption Prevention Communication Strategy, the development
of a Fraud Prevention Plan, ensuring the security clearance
of all employees in the Department and conducting anti-
corruption awareness campaigns.
c) An Enterprise-wide Risk Management Unit which together with
Integrity Management Unit ensures the facilitation of fraud
and corruption risk assessments in accordance with the
Treasury Regulations and good corporate governance
guidelines.
d) An Employee Relations Unit that is responsible for resolution
mechanisms and disciplinary hearings, including allegations
of fraud and corruption as well as financial misconduct.